Response To Call for Input for EMRTD Study On 
Artificial Intelligence, Cultural Rights, And the Right to Development

This submission examines the impact of Artificial Intelligence (AI) on cultural rights and the right to development, advocating a rights-based regulatory framework that balances technological innovation with cultural preservation.

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It argues that AI systems threaten cultural diversity through unauthorised use of Indigenous knowledge, cultural appropriation, algorithmic bias, linguistic marginalisation, and the digitisation of sacred heritage. Existing copyright and data protection laws, particularly in India, inadequately protect collective cultural expressions and minority data rights. Constitutional protections under Articles 21, 29 and 30 remain insufficient without effective implementation and technological safeguards.

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The response maintains that industry self-regulation alone cannot protect cultural rights due to its voluntary, non-binding, and profit-driven nature. Instead, it recommends enforceable obligations involving transparency, independent audits, community participation, Free, Prior and Informed Consent (FPIC), and equitable benefit-sharing.

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It identifies high-risk AI applications requiring targeted regulation, including generative AI trained on cultural assets, automated translation of marginalised languages, biased datasets, and cultural heritage digitisation.

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Finally, the submission proposes United Nations Guiding Principles on AI and Cultural Rights, establishing international standards for State obligations, corporate accountability, cultural impact assessments, human oversight, and accessible remedies. Such principles would address domestic regulatory gaps, promote international cooperation, and ensure that communities participate meaningfully in shaping AI-driven development while preserving cultural autonomy, diversity, and dignity.

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